Court bars Robert Alai from defaming Advocate Danstan Omari

The High Court at Milimani has issued orders restraining Kileleshwa Ward MCA Robert Alai from posting, publishing, or republishing any defamatory information concerning Advocate Danstan Omari.

The orders were issued by Lady Justice Janet Mulwa while delivering a ruling in a defamation suit filed by Omari, who accused Alai of publishing defamatory statements on his Facebook account with clear intent to refer to him.

According to court documents, the defendant allegedly posted statements that the advocate described as derogatory, contemptuous, and dehumanizing.

The applicant contended that the publication left no doubt that it was directed at him, as the defendant used his official name.

Omari told the court that the statements were false, unsubstantiated, and published with malice aforethought, with the intention of injuring his character, reputation, and professional standing as an advocate. He further accused the defendant of maliciously alleging that he was using legal proceedings for political publicity, an assertion he said was misleading and calculated to discredit both his integrity and the judicial process.

The applicant argued that the defamatory post attracted wide circulation on Facebook, garnering over 2,200 reactions and more than 900 comments, while remaining accessible to the defendant’s approximately 729,000 followers. He maintained that the publication provoked further defamatory responses from members of the public, amplifying the reputational harm suffered.

Omari, argues that the  publication reached many of his clients, caused distress and confusion, and undermined the advocate client relationship.

He further argued that the statements subjected him to public ridicule, eroded professional credibility, led to loss of clients, and resulted in substantial loss of income and livelihood.

The applicant further submitted that the defendant’s conduct amounts to defamation under common law and violates Section 23 of the Computer Misuse and Cybercrimes Act, 2018, as well as Article 28 of the Constitution, which guarantees the right to human dignity.

According to the court papers despite being issued with a notice of intention to sue dated June 20, 2025, and a demand for retraction, the defendant allegedly failed to retract the publication.

In her ruling, Justice Mulwa granted interim orders restraining the defendant from further defamatory publications against the applicant. The court directed that the costs of the application shall abide the outcome of the main suit.

Pre-trial directions are scheduled for March 4, 2026, before the Deputy Registrar.